Disposed

N Puttananjamma v. R v Ganesh

Karnataka HC30 Aug 2023RSA/1740/2011

Case brief

AI extract

What is this about?

A regular second appeal regarding a lease dispute was disposed of based on a compromise petition. The tenants handed over possession and paid arrears; legal representatives were deleted. The judge approved the settlement and allowed a court fee refund.

What did the court decide?

Second appeal disposed of as per compromise; Registry to draw decree; full refund of court fees awarded to appellant.

N Puttananjamma Vs R v Ganesh — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REGULAR SECOND APPEAL NO.1740 OF 2011 (RES)

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BETWEEN:

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N PUTTANANJAMMA D/O LATE NANJUNDAIAH AGED ABOUT 78 YEARS DOOR NO.697 NARAYANA SHASTRY ROAD DEVARAJA MOHALLA MYSURU -570 001

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SINCE DEAD BY HER LR NANJUNDASWAMY S/O LATE NANJUNDAIAH DOOR NO.697 NARAYANA SHASTRY ROAD DEVARAJA MOHALLA MYSURU - 570 001

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… APPELLANT

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(BY SRI Y.HARIPRASAD.,ADVOCATE)

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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AND:

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R V GANESH

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S/O R.VASUDEVA MURTHY AGED ABOUT 60 YEARS PROPRIETOR OF M/S R V FINANCE & INVESTMENT R/AT DOOR NO.2906 LAKSHMI VANI VILASA ROAD MYSURU -570 002 SINCE DEAD BY LRS

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2 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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(a) SMT. SARMISTHA @ SAMISTHA GANESH AGED ABOUT 55 YEARS W/o R.V. GANESH .. DELETED

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(b) MRS.THEJASWI CHETHAN D/O R.V.GANESH AGED ABOUT 30 YEARS

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(D) SARASWATHI AGED ABOUT 80 YEARS W/O R. VASUDEVAMRUTHY .. DELETED

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ALL ARE RESIDING AT DOOR NO.2906 JAYALAKSHMIPURA, VANIVILAS ROAD MYSURU - 570 002

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M/S KAAL CARRYING ON BUSINESS AT DOOR NO.140/A D.DEVARAJA URS ROAD REP.HEREIN BY ITS PARTNER T.A.CHANDAN MYSURU - 570 001

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… RESPONDENTS (BY SRI.RAKSHITH R SHETTY FOR LAWYERS INC .,ADVOCATES FOR R-1(B) & R-1(C); R-1 (A) & R-1 (D) ARE DELETED VIDE ORDER DATED 30.08.2023 ; SRI HEMACHANDRA R RAI, ADVOCATE FOR R-2)

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THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE., AGAINST THE JUDGMENT AND DECREE DATED 20.4.2011 PASSED IN R.A.NO.169/2010 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL

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3 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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FILED AGAINST THE JUDGMENT AND DECREE DATED 31.3.2010 PASSED IN O.S.NO.338/2002 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES & CIVIL JUDGE (SR.DN.), MYSURU.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel - Sri Y. Hariprasad for the appellant; learned counsel - Sri Rakshith R Shresty representing Lawyers Inc. for Respondent No.1(b) and (c); and learned counsel - Sri Hemachandra R Pai representing Respondent No.2 are present.

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The appellant, Respondent Nos.1(b) and 1(c) and Sri T.A. Chandan, Partner of the 2^nd respondent - M/s Kaal are also present before the Court and they are identified by their respective counsel.

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The compromise petition is filed today under Order XXIII Rules 1 & 2 of the Code of Civil Procedure. All the parties have amicably agreed to settle the dispute and put an end to this long drawn litigation. The compromise petition is signed by the appellant, respondent Nos.1(b) & 1(c) and Respondent No.2 and their respective counsel. The terms and conditions as agreed between the parties are as under:

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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" 1. Pursuant to the Registered Lease dated 07.08.1993 signed by the Appellant & the Deceased Respondent No.1 with authority to sublease, the Respondent No.1 constructed the building on the demised land. The Respondent No.2 was inducted as Tenant subject to vacating the premises on the expiry of the tenure of the lease granted by the Appellant to the deceased Respondent No.1. The Respondent No.1 demised during the pendency of this proceeding. The Respondent No.1(b) to (d) are the legal representatives of the Deceased Respondent No.1 and the Respondent no.2 is the tenant inducted by the deceased Respondent No.1 with the knowledge of the Petitioner. The Respondent No.1 (a) & (d) are deleted from the array of party by filing a separate memo in that regard.

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The Respondent No.2 is aware of the terms and conditions on which the lease has been granted by the Petitioner and the Respondent No.2 is abide by the terms and conditions agreed under the lease expired on 07.08.2023 and is ready and willing to handover the premises in good

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5 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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condition to the Petitioner as per the terms of thus compromise petition.

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Both the parties compromised this Regular Appeal in the following terms and conditions.

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a) The Appellant, Respondent 1(b) to (c) & the Respondent No.2 submit that the entire period of lease granted under the Registered Lease Agreement dated 07.08.1993 has expired.

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b) The Respondents shall vacate and handover the possession to the Appellant by handing over the key to the Appellant. The Respondent No.2 shall deliver the possession of the premises to the Appellant by handing over the Key to the demised premises today.

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c) The Appellant admits the receipt of delivery of possession of the schedule property from the Respondent No.2.

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6 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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d) The Appellant hereby acquits and discharge the respondents from doing anything further and has no further claim against the respondents in respect of the tenancy created under the lease Agreement dated 07.08.1993.

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e) Having regard to this settlement, the Respondent No.2 has no claim against the Appellant or Late Mr. R.V.Ganesh and his legal representatives Late Mr. R.V.Ganesh of either monetary or otherwise, in relation to the tenancy.

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f) The Appellant submits that there is three month rent at the rate of ( Rs.13,695/per month) - Total Rs.41,085/- is due to the Appellant.

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g) The Respondent No.1(b) to (c) admit the same and paid the said amount of Rs.41,085/- to-day as hereunder;

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i) Vide Cheque bearing No.000210 dated 30.08.2023 drawn on Kotak Mahindra bank, Jayalakshmipura

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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V V Mohalla, Mysore branch for Rs 41,085/(Rupees Forty one thousand eighty five) in favour of the Petitioner.

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h) The Appellant submits that from 01.08.2013 to 31.07.2023, rate of rent mentioned in the lease agreement is Rs.14,885/per month, but the Respondents paid Rs.13,695/- per month and there is a difference of Rs.1,190/per month and difference for the 120 months works out to Rs.1,42,800/-.

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i) The Respondents No. 1(b) to (c) admit the same and paid the same as here under;

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ii) Vide Cheque bearing No.000211 dated 31.08.2023 drawn on Kotak Mahindra Bank, Jayalakshmipura, V V Mohalla, Mysuru branch for Rs. 1,42,800/- (Rupees One Lakh Forty Two Thousand Eight

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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hundred Only) in favor of the Petitioner.

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j) The Appellant has received both the cheques subject to realization and acquits and discharge the Respondent No.1(b) to (c) from making any further payments of whatsoever nature.

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k) The Appellant has no claim against the Respondent No.1 (b) to (c) in any manner except to the extent of the amount covered under the two - cheque referred above.

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l) Since the Respondents No.1(b) to (c) and Respondent No.2 came forward to discharge the tenancy obligations, the Appellant has deleted the Respondent No. 1(a) and (d) from the array of the parties and prays this Hon'ble court to permit the same to put any end to the litigation. "

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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As per the compromise petition, the property which was leased in favour of original Respondent No.1 is now being returned and handed over to the appellant by Respondent Nos.1(b) and 1(c) alongwith Respondent No.2. It is stated in the compromise petition that the arrears of rent due to the appellant is Rs.41,085/- It is also stated in the compromise petition that from 1.8.2013 to 31.7.2023, rate of rent mentioned in the lease agreement is Rs.14,885/- per month, but the respondents paid at the rate of Rs.13,695/- per month and there is a difference of Rs.1,190/- per month and difference of 120 months works out to Rs.1,42,800/-.

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Respondent No.1(b) and 1(c) on this day handed over

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two cheques in favour of the appellant towards arrears of rent and the difference of the amount of rent which was liable to be paid by respondents. The details of cheques are as under:

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i) Cheque bearing No.000210 dated 30.8.2023 for an amount of Rs.41,085/- drawn on Kotak Mahindra Bank.

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ii) Cheque bearing No.000211 dated 31.8.2023 for an amount of Rs.1,42,800/- drawn on Kotak Mahindra Bank.

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10 - NC: 2023:KHC:31218 RSA No. 1740 of 2011

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These cheques have been handed over to the appellant in the open Court, which are accepted by the appellant and the same is acknowledged by the appellant alongwith his counsel.

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The parties are present before the Court, who are identified by their respective counsel. To verify the veracity of the compromise petition executed by the parties, the Court has interacted with the respective parties present before the Court and on enquiry, the appellant admits having agreed to settle the matter by taking back the possession of the leased property in his favour and receiving the arrears of amount as mentioned hereinabove to put an end once for all to the long drawn litigation and also admits that he will not have any claim whatsoever from the respondent Nos.1(b) & 1(c) and Respondent No.2 in respect of the leased premises. The Respondent Nos.1(b) & 1(c) alongwith Respondent No.2, who are present before this Court voluntarily submit that they have handed over the cheques without any coercion, force, threat or undue influence in order to put an end to this litigation.

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11 -

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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It is also stated in the compromise petition that since Respondent Nos.1(b) & (c) and Respondent No.2 have come forward to discharge the tenancy obligations, the appellant sought for deletion of Respondent Nos.1(a) & 1(d) from the array of parties, which is permitted by this Court.

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The appellant is satisfied with the amount paid by the respondents and he has received the keys of the tenanted premises today in the open Court from Respondent No.2 who is also present before this Court.

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The parties have admitted the terms and conditions of the compromise petition and they jointly submit that they have affixed their signatures to the compromise petition voluntarily after having understood the contents of the compromise petition without any force, threat or coercion and its execution.

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Placing the compromise petition on record, in the interest of all the parties, this appeal requires to be disposed of in accordance with the terms of the compromise petition. Accordingly, I pass the following:

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12 -

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NC: 2023:KHC:31218 RSA No. 1740 of 2011

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O R D E R

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i) Regular Second Appeal stands disposed of in terms of the compromise petition. However, it is made clear that the compromise petition would be subject to the realization of the two cheques handed over by the respondents to the appellant today.

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ii) Registry is directed to draw the decree as per the terms set out in the compromise petition. The compromise petition shall be made as part of the Decree.

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iii) In view of settlement arrived at, appellant would be entitled for full refund of Court fees as contemplated under the provisions of the Karnataka Court-Fees and Suits Valuation Act, 1958.

Sd/-

JUDGE

GSS

List No.: 1 Sl No.: 16

N Puttananjamma v. R v Ganesh

Case brief

What is this about?

What did the court decide?

N Puttananjamma v. R v Ganesh

Case brief

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